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Old 12-07-2012, 05:31 PM   #17
tis
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Originally Posted by Bear Islander View Post
I know of a case that proves adverse possession can be a good thing. Friends of mine own a house on a peninsular going out into a small pond. They have a long twisting driveway along the water going from the road to their home. After living there for almost 30 years their neighbor suddenly informs them that a recent survey shows that a short stretch of the driveway is on the neighbors land.

The neighbors tell them they will block the driveway in 30 days and by the way, would you like to sell us your home?

Naturally my friends were VERY upset and sought counsel. What the neighbor was doing was tantamount to extortion but hey, it was their land. And what good is a home when you can't use your driveway.

After my friends filed a quiet tittle lawsuit claiming adverse possession, the neighbors agreed to sell my friends an easement for a reasonable price.

Sometimes a law like this allows the legal system to do what is really the right thing.
I don't think the neighbors could have blocked them anyway. You cannot landlock a piece of land in NH. Two neighbors have a right of way through our property and even though we would never want to, I don't think we can block them out.
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